Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24329 of 2018 Petitioner :- Haibat And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.K. Pandey, learned counsel for the petitioners and Sri Gambhir Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 1.8.2018, registered as case crime no.353 of 2018, u/s 147, 323, 504, 506, 352, 452, 325 and 3(1)X SC/ST Act, P.S.
Kotwali Padrauna, district Kushinagar.
Learned counsel for the petitioners submits that the respondent no.3 does not belong to SC/ST community, hence no offence is made out against the petitioners under the SC/ST Act. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the victim sustained injuries on his person and fracture has been found on the ribs. There is also injury on his head but injury report has not been annexed with the present petition.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Gaurav